Boise Water Co. v. Boise City 230 U.S. 98 (1913)

U.S. Supreme Court

Boise Water Co. v. Boise City , 230 U.S. 98 (1913)

Boise Artesian Hot and Cold Water Co., Limited v. Boise City (No. 2)

No. 313

Argued May 7, 8, 1913

Decided June 16, 1913

230 U.S. 98

Syllabus

Where jurisdiction of the circuit court is invoked wholly on diverse citizenship, but, in the course of the case, a constitutional question arises, the unsuccessful party may bring the case direct to this Court under § 5 of the Judiciary Act of 1891 or, at his election, he may carry it to the circuit court of appeals which may either certify the question to this Court or decide it.

The Judiciary Act of 1891 does not contemplate two reviews in cases in which jurisdiction of the circuit court is invoked wholly on diverse citizenship even as to the constitutional questions which may arise, and the judgment of the circuit court of appeals deciding such a case is final.

Writ of error to review 186 F. 705 dismissed.

The facts, which involve the jurisdiction of this Court of appeals from the circuit court of appeals under the Judiciary Act of 1891, are stated in the opinion.

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